The common law relating to occupier's liability developed in England and still applies in Saskatchewan. The standard of care has been settled since Indermaur v. Dames, [1861-73] All E.R. 15 at page 21 where Willes J. stated that standard of care as follows: ... With respect to such a visitor, at least we consider it settled law that he, using reasonable care on his part for his own safety, is entitled to expect that the occupier shall on his part use reasonable care to prevent damage from unusual danger which he knows or ought to know, and this where there is evidence of neglect. The question whether such reasonable care has been taken, by notice, lighting, guarding, or otherwise, and whether there was contributory negligence in the sufferer, must be determined by a jury as a matter of fact. Was there an unusual danger?
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.